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STATE OF WASHINGTON
County of Jefferson
IN THE MATTER OF A RESOLUTION
to amend a development agreement with
land owned by Port Ludlow Associates
per Section 4.6, Exhibit A of the Port
Ludlow Development Agreement
Resolution No. 42-00
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Resolution No. 57-08
The Jefferson County Board of Commissioners enters the following findings:
I. On August 28, 1998 the BoCC adopted Resolution No. 72-98 establishing the Jefferson County
Comprehensive Land Use Plan in accordance with the Growth Management Act Chapter 36.70A
RCW.
2. The Comprehensive Plan established the Port Ludlow Master Planned Resort. The Comprehensive
Plan contains policies in LNG 25.0 of Land Use and Rural element, which maintain the viability of
Port Ludlow as Jefferson County's first Master Planned Resort (MPR) and only MPR established
pursuant to RCW 36.70A.362
3. On May 8th, 2000 the BoCC adopted Resolution No. 42-00 establishing a Port Ludlow Development
Agreement (PLDA) with land owner Pope Resources pursuant to Chapter 36.70B.170 & 36.70A
RCW.
4. Section 4.6, Exhibit A of the PLDA allows the PLDA to be amended with the express written consent
of the BoCC and Pope, or its successors in title (Port Ludlow Associates) by ordinance or resolution
only after public notice and a public hearing.
5. On March 28, 2008 Jefferson County received an application to amend the PLDA to eliminate the
Appellate Hearing Examiner or "closed record appeal" step from the process a project permit
application undergoes pursuant to the PLDA.
6. The purpose ofthe proposed amendment was to eliminate the existing requirement that any project
permit application submitted by Port Ludlow Associates be potentially subject to both an open record
hearing and a subsequent closed record appeal. State law allows local governments such as this
County to not include a closed record appeal in their project permit application process.
7. Based upon a recommendation by the Department of Community Development, the BoCC approved
the application to review the proposed amendment and scheduled the required public hearing.
RESOLUTION NO, 57-08
Page: 2
8. On May 27, 2008 the public hearing was held by the BoCC and public testimony was received.
Testimony both in support of and in opposition to the proposed amendment was received by the
BoCC.
9. On July 7, 2008 the BoCC approved Amendment No. I to Port Ludlow Development Agreement
(attached hereto as Exhibit A). The vote to approve was unanimous.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners, Jefferson County,
Washington, as follows:
1.0 The adoption of Amendment No. I of Port Ludlow Development Agreement (AFN 536369) of lands
owned by Port Ludlow Associates (legal description of property is Exhibit I of the PLDA AFN
435974) and located in Jefferson County furthers the public's health, safety and welfare by
eliminating the Appellate Hearing Examiner process from the PLDA, which is consistent with the
land use procedures found in the Unified Development Code (Title 18 Jefferson County Code) as
applied to all property located within unincorporated Jefferson County.
2.0 The Board intends that the Amendment No.1 approved by this Resolution shall apply only to all land
owned by Port Ludlow Associates within the Port Ludlow Master Planned Resort, to the extent
permitted by law.
3.0 Effective Date. This Resolution shall become effective on the 18thiay of August 2008
4.0 Adoption. Adopted by the Jefferson County Board of Commissioners this 18t'11ay of August 2008.
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JEFFERSON COUNTY
BOARD OF COMMISSIONERS
(JI!)L ~,
Phil Johnson, Chairman
ATTEST:"" ~, -'
L/k~
David Sullivan, Member
RESOLUTION NO. 57-08
Page: 3
APPROVED AS TO FORM: ONLY
J7~ afr- ~J~a'il
David Alvarez ~
Chief . il Deputy Prosecuting Attorney, Jefferson County
WHEN RECORDED, RETURN TO:
111111111111 I1I1I1I III 111I 111I1I1I 11111111 11/111111111/ :.:~:f~9
Jefferson County Aud PORT LUDLOW ASSOCI^ 08/12/2008 10:3fA
I"lT AMEND 48.00
Marco de Sa e Silva
Davis Wright Tremaine LLP
1201 Fourth Avenue
Floor 22
Seattle, Washington 9810 I
AMENDMENT NO.1
TO
PORT LUDLOW DEVELOPMENT AGREEMENT
Grantor:
JEFFERSON COUNTY, a political subdivision of the State of Washington
Grantee:
PORT LUDLOW ASSOCIATES LLC, a Washington limited liability company
OL YMPIC WATER AND SEWER, INC., a Washington corporation
Abbreviated Legal Description:
Refer to Exhibit I of AFN 435974 (original agreement).
Assessor's Property Tax Parcel Account Numbers:
Reference to Related Document:
A.F. No. 435974 (original agreement)
DWT 2292768y] 0065364.00000]
8.6.08
111111I111111I11111111 ~~2~~~;~ 310
Jefferson County Aud PORT LUDLOW ASSOCIAT AMEND 48.00
AMENDMENT NO.1
TO
PORT LUDLOW DEVELOPMENT AGREEMENT
THIS AMENDMENT NO.1 TO PORT LV
(this "Amendment") is made this -71l---uay of ,2008, by PORT
LUDLOW ASSOCIATES LLC, a Washington limited liabili company, and OLYMPIC
WATER AND SEWER, INC., a Washington corporation (collectively "PLA"), and
JEFFERSON COUNTY, a political subdivision of the State of Washington (the "County"). This
Amendment amends and modifies that certain Port Ludlow Development Agreement dated May
1,2000, and effective May 8, 2000 (the "Agreement"), between Pope Resources, Olympic
Property Group LLC, Olympic Resorts LLC, Olympic Water and Sewer, Inc., and Olympic Real
Estate Development LLC (collectively "Pope") and the County, which was recorded in the real
property records of Jefferson County, Washington, under Auditor's File No. 435974.
RECITALS
A. The Agreement is a development agreement underRCW 36.70B.170 and UDC
18.40.850. Pope and the County made the Agreement effective May 8, 2000. PLA is the
assignee and successor to Pope under the Agreement.
B. The Agreement governs the development of real property owned by PLA and
located in the approximately 1,200-acre Port Ludlow MPR, which is a master planned resort
designated by Jefferson County in 1998 under the authority of RCW 36.70A.362.
C. The parties agreed in the Agreement, among other things, that "The review and
approval of proposed development applications proposed by Pope for Pope Property shall be
pursuant to the Port Ludlow MPR Zoning Ordinance (Appendix A) and the County's Land Use
Procedures Ordinance, Ordinance 04-0828-98, which is attached in Appendix E." Agreement
Section 3.12.1.
D. The County's Land Use Procedures Ordinance, Ordinance 04-0828-98 ("LUPO"),
provides that the Appellate Examiner shall decide appeals of Hearing Examiner (Type B)
decisions.
E. On July 10,2006, the County adopted Ordinance No. 08-0710-06, in which the
County eliminated the Appellate Examiner position, eliminated the administrative process by
which Hearing Examiner decisions may be appealed to the Appellate Examiner, and made other
amendments to the Jefferson County Unified Development Code. However, because the
Agreement provides that LUPO governs the review and approval of development applications
proposed by PLA within the PLA Property, Ordinance No. 08-0710-06 generally does not apply
to development applications proposed by PLA.
F. PLA and the County desire to modify the procedures for the review and approval
of development applications proposed by PLA for its real property within the Port Ludlow MPR
DWT 2292768vl 0065364-000001
5,6.08
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Jefferson Count v !=Iud PORT LUDLOW AS50CIAT AMEND 49_01Z1
by eliminating the Appellate Examiner position and the administrative process by which Hearing
Examiner decisions may be appealed to the Appellate Examiner, in order to promote
administrative economy, to reduce County costs in completing administrative land use decision-
making processes, to reduce the time required to complete administrative land use decision-
making processes, and to make such procedures consistent with the procedures for the review
and approval of development applications proposed by other applicants in Jefferson County.
G. This Amendment was the subject of a ten (10) day comment period, which ran
from J;l.~ t ~ _, 2008, to Ua. A . 2..::' ,2008. As required by
RCW 36.70B. 00, a public hearing was held befote the Jefferson County Board of County
Commissioners on~ U' 2008. The Boar~~ty commi~s
reviewed and took offiCial action adopting this Amendment on-::..J' ..A . , 2008.
-\
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and
agreements of the parties, it is agreed by and between the parties that the Agreement shall be
amended and modified as follows:
AGREEMENT
1. Defined Terms. The following terms used in this Amendment shall have the
following meanings: "PLA Property" means the real property legally described on Exhibit A
attached hereto, which comprises those portions of the Pope Property that are owned of record by
PLA and located within the Port Ludlow MPR as of the effective date of this Amendment. All
references in the Agreement to "Pope Property" shall mean "PLA Property."
2. Elimination of Appellate Examiner Position and Process. The procedures for
the review and approval of development applications proposed by PLA for the PLA Property
shall be amended and modified as follows:
a. A Hearing Examiner (Type B) decision shall be final unless an appeal is
timely commenced either in Superior Court under the Land Use Petition Act, RCW Chapter
36.70C ("LUPA"), as to Hearing Examiner land use decisions that are subject to review by
Superior Courts under LUPA, or in a quasi-judicial body created by another state law, such as
the Shorelines Hearings Board, the Environmental and Land Use Hearings Board, or the Growth
Management Hearings Board, as to Hearing Examiner land use decisions that are subject to
review by such bodies under such state laws.
b. No Appellate Examiner shall have jurisdiction over any development
application proposed by PLA for the PLA Property. No Appellate Examiner shall hear or decide
appeals of Hearing Examiner decisions on development application proposed by PLA for the
PLA Property.
c. The procedural amendments and modifications described in this Section 2
shall apply to all development applications proposed by PLA for the PLA Property as to which a
Hearing Examiner decision has not been issued as ofthe effective date of this Amendment.
DWT 2292768vl 0065364-000001
5.6.08
3
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Jefferson County Aud PORT LUDLOW ASSOCIAT AMEND 48 0~
3. PLA as Assignee and Successor. PLA is the assignee of and successor to Pope
under the Agreement and as such is subject to all of the benefits and burdens of Pope under the
Agreement.
4. Notices. All communications, notices and demands of any kind that a party under
this Agreement requires or desires to give to any other party shall be in writing deposited in the
U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows:
To the County:
Al Scalf
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, W A 98368
cc:
Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98368
And cc:
Jefferson County Prosecuting Attorney
To PLA:
Diana Smeland
Port Ludlow Associates LLC
44 Breaker Lane
Port Ludlow, W A 98365
cc:
Randall J. Yerrue
HCY Pacific Partners
.;l.;l.::z K<..rl\.j 5+rtd S":,+e '5Go
San Francisco, CA 9~
And cc:
Marco de Sa e Silva
Davis Wright Tremaine LLP
1201 Third Avenue, Floor 22
Seattle, W A 98101
DWT 2292768vl 0065364.{)OOOOI
5.6,08
4
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Jefferson Count.... ~ud PORT LUDLOW ASSOCJ~T AMF"NO 4B 00
5. Effect of Amendment. This Amendment amends and modifies the Agreement and
shall be effective as of the date of mutual execution and delivery hereof. In the event of any conflict
between the Agreement and this Amendment, this Amendment shall control. Capitalized terms not
otherwise defined herein shall have the meanings given them under the Agreement. Except as
contained within the Agreement and this Amendment, there are no other agreements or
understandings between PLA and the County relating to the subject matter of the Agreement and
this Amendment. The Agreement is hereby confirmed and ratified.
By
1 P108'
By
By
APPROVED AS TO FORM:
1)11 Zf)O~
A Scalf
Director of Community Development
PORT LUDLOW ASSOCIATES LLC, a
Washington limited liability company
!.J 1~,j'M,
be/~.
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,
By
Its President
DWT 2292768vl 0065364-000001
5,6,08
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Jefferson County Aud PORT LUDLOW ASSOCIAT AMEND 48.00
OLYMPIC WATER AND SEWER, INC.
EXHIBITS:
A Legal Description of PLA Property
STATE OF WASHINGTON )
) SSe
COUNTY OF JEFFERSON )
,
On this C1 ("day of Sv<-l ,; , 2008, before me, a Notary pu~ic in and for the
State of Washington, personally appeared '"3\ " c\ h ''t ~) rn p \ c. n r-. ,personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person who
executed this instrument, on oath st~ed that he or she was authorized to execute the instrument,
and acknowledged it as the f e..., ,'rl {' h__ -t- Port Ludlow
Associates LLC, to be the free and voluntary act and deed of said limited liability company for
the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first abov",wmten. '
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STATE OF WASHINGTON
Q~ Cl'M~ ~V\~
NOTARY PUBLIC in and for the State oQVashin~,
residing at --=r- "" ~ -II , .s r '''- ~\\L '"<-=-+-'1
M~appointmente~ ~ -A: -fIg
Pnnt Name . ~ [,,, -<" _h V'o C-':<J 1'"'6 I l-
COUNTY OF JEFFERSON
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On this q t~day of IT ,--,.J \.. , 2008, before me, a Notary Public in and for the
State of Washington, personally appeare& Leu'"" S rr. ;1- t1 ,personally
known to me (or proved to me on the basis of satisfac~ry evidence) to be the person who
executed this instrument, on oath stated that he or she was authorized to execute the instrument,
and acknowledged it as the 9'0"-,:1"" -\- of Olympic Water and
DWT 2292768vl 0065364-000001 6
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Jefferson County Aud PORT LUDLOW ASSOCIAT. AMEND 48.00 .
Sewer, Inc., to be the free and voluntary act and deed of said corporation for the uses and
purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first abov'y/WI'~,lJ.,
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STATE OF WASHINGTON
COUNTY OF JEFFERSON
Q~ .~;~_ ~A^~
NOTARY PUBLIC in an the State ofWashingtou.,
residing at :::t ~ .Q (:r II \
My apPointn:~xPires ; - ~ ::. 8'
PrmtName (1'>-.. e A'A\, " rro~\
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On thi~ ~ay of :::r ~j;"'- , 2~ before me, a Notary Public in and for the
State ofWashmgton, personally appe d.J:..' ti.~ '
ho:...v;c1 S f;k..fI/VOM.. , and ::\' ~ , personally known to me~
prrnrpr1 to mf': An thP h~~lS ofsMiQ-fQ('t9~T @"/icleHGc}to be the persons who executed this
instrument, on oath stated that they were authorized to execute the instrument, and
acknowledged it as the three members of the Jefferson County Board of County Commissioners
to be the free and voluntary act and deed of said Board, acting in their official capacity
representing Jefferson County, Washington, for the uses and purposes mentioned in the
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
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JEFFERSON COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
621 Sheridan Street
Port Townsend, WA 98368
AI Scalf, Director
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO:
Board of County Commissioners \
Dennis Richards, Interim County Administrat~
David Wayne Johnson, Port Ludlow Lead P er
Consent Agenda for August 18, 2008
THROUGH:
FROM:
DATE:
SUBJECT:
Resolution to adopt Amendment No. I to the Port Ludlow Development Agreement
STATEMENT OF ISSUE: The BoCC has approved and signed an agreement (AFN 536369) to remove
by amendment the Appellate Hearing Examiner from the Port Ludlow Development Agreement. The
BoCC must now sign a Resolution (attached) to formally adopt the Amendment No. I to the Port Ludlow
Development Agreement.
ALTERNATIVES: The requested action is mandatory based upon Section 4.6 AMENDMENT of the
Development Agreement, Resolution 42-00.
FISCAL IMPACT/COST BENEFIT ANALYSIS: The proponent will be billed by the hour for Staff
time to review and process this requested amendment. Potential long-term savings to the County are
indicated.
RECOMMENDATION: Staff recommends that The BOCC sign the attached Resolution and formally
adopt the Amendment No. I to the Port Ludlow Development Agreement to eliminate the Appellate
Hearing Examiner from the project permitting process.
REVIEWED BY:
~. ~.
~~ . ,~~
Dennis Richards, Interim County Administrator
Building Permits/ Insoections
Development Review Division
Lana Range Planning
FAX: (360) 379-4451
(360) 379-4450